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AF | BCMR | CY1999 | 9801526
Original file (9801526.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01526
            INDEX CODE:  100, 131

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS:

1.    Promotion reconsideration to the grade of lieutenant colonel  by
the Calendar Year 1997C (21 Jul 97) Lieutenant Colonel Board.

2.    Addition of a new Training Report (TR), dated 15 Jan 98, to  his
military records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The CY97C Lieutenant Colonel Board reviewed his military records  with
incomplete  and  possibly  misleading  information  included  in   the
Education/TR rendered for the period 26 Aug 91 through 31 Jul 92.  His
efforts to correct  those  errors  were  successful  but  supplemental
promotion consideration was denied.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
9 Jan 81.  He is currently serving on  extended  active  duty  in  the
grade of major, effective, and with a date of rank (DOR) of 1 Sep 93.

Applicant’s  Officer  Effectiveness   Reports   (OERs)   and   Officer
Performance Reports (OPRs) since 1989 follows:

            PERIOD ENDING          OVERALL EVALUATION

              8 Mar 89               Meets Standards
              8 Mar 90               Meets Standards
              8 Mar 91               Meets Standards
             25 Aug 91               Meets Standards
           * 31 Jul 92                Education/TR
             20 May 93               Meets Standards
             20 May 94               Meets Standards
             20 May 95               Meets Standards
             20 May 96               Meets Standards
             20 May 97               Meets Standards
             12 Dec 97                Education/TR
            No closing date       Education/TR, dated 15 Jan 98
             14 Apr 98               Meets Standards

     *  Contested TR.

Applicant  has  one  nonselection  for  promotion  to  the  grade   of
lieutenant colonel by the CY97C Central Lieutenant Colonel  Board  and
one nonselection by the CY98B (1 Jun 98) board.

A similar application was  submitted  under  AFI  36-2401,  Correcting
Officer and  Enlisted  Evaluation  Reports.   The  Evaluation  Reports
Appeal Board (ERAB) did not find it necessary to correct the report as
the corrections had already been made by Headquarters  AFPC/DPPBR3  on
29 Jan 98.  As such, DPPPA indicated that, even if the ERAB had  found
it necessary to approve the corrections, the request for consideration
by Special Selection Board (SSB) would not have been approved as  they
believe the corrections made were minor  administrative  changes  (see
TAB 1).

Prior to the AFI 36-2401  appeal,  the  contested  TR  was  previously
corrected to reflect a length  of  course  to  49  weeks  (Section  I,
Item 7) rather than 37 weeks, course title was changed  to  Master  of
Science/Physics versus Master of Art/Physics (Section I, Item 10), and
correction of the third  line  in  Section  III  to  state  “...Master
Degree/Physics...” versus “...Master of Art/Physics...”

_________________________________________________________________

AIR FORCE EVALUATION:

The Acting Chief, Appeals &  SSB  Branch,  AFPC/DPPPA,  reviewed  this
application and concurs with the ERAB in that they, too, believe these
corrections are administrative in nature and do not warrant  promotion
reconsideration.  The applicant, himself, states  that  the  evaluator
would not support his appeal efforts as he believed the error to be  a
minor administrative error.

Each officer eligible for promotion consideration is  advised  of  the
entitlement to communicate with the board  president.   The  applicant
could have used this means  to  inform  the  board  president  of  the
discrepancies in the contested TR if he believed them to  be  of  such
significance.  However, DPPPA has verified that the applicant  elected
not to exercise this entitlement.

There is no clear evidence  the  TR  negatively  impacted  applicant’s
promotion opportunity.  Central boards  evaluate  the  entire  officer
selection record (OSR) (including the  promotion  recommendation  form
(PRF), OPRs,  OERs,  TRs,  letters  of  evaluation,  decorations,  and
officer selection brief (OSB)), assessing whole person factors such as
job  performance,  professional  qualities,  depth  and   breadth   of
experience,  leadership,  and  academic  and   professional   military
education.  DPPPA is not convinced the contested TR contributed to the
applicant’s nonselection for promotion.  Based on the correction  made
to  his  TR,  they  do  not  believe  promotion   reconsideration   is
appropriate.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and  provided  a  two-page
rebuttal indicating, in part, that the new  TR  is  the  result  of  a
change in the way the Air Force Institute  of  Technology  (AFIT)  now
processes and reports on degree completion (see Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.   While  the  Air  Force
acknowledges that the TR, dated 2 Dec 92, and reviewed  by  the  CY97C
lieutenant colonel selection board, contained three minor errors which
were corrected after the CY97C board convened, it is  highly  unlikely
these were the sole cause for his nonselection.  In this respect, they
note that central boards evaluate the entire  officer  record.   After
reviewing the evidence  of  record,  we  are  in  agreement  with  the
comments of the Air Force and are compelled  to  conclude  that  these
omissions constitute harmless errors.  Therefore,  we  find  no  basis
upon which to recommend favorable action on this application.

4.    With regard  to  the  TR,  dated  15 Jan  98,  it  appears  that
applicant is requesting that this report  be  reviewed  by  the  CY97C
selection board.  However, in view of the date  of  the  report,  this
request is without merit inasmuch as it was produced  well  after  the
CY97C board convened.  In view of the foregoing and in the absence  of
evidence to the contrary, we find no basis  upon  which  to  recommend
favorable action on his request.

_________________________________________________________________


THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 4 March 1999, under the provisions of  Air  Force
Instruction 36-2603:

                  Mr. Douglas J. Heady, Panel Chair
                  Ms. Peggy E. Gordon, Member
                  Mr. Joseph A. Roj, Member
                Mrs. Joyce Earley, Examiner (without vote)

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 May 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPA, dated 17 Jun 98.
     Exhibit D.  Letter, AFBCMR, dated 29 Jun 98.
     Exhibit E.  Letter fr applicant, dated 7 Jul 98.




                                   DOUGLAS J. HEADY
                                   Panel Chair

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